« ForrigeFortsett »
Date of enactment. Approved July 5, 1901; in effect January 1, 1903; amended June 3, 1904. Supplementary act, October 2, 1908.
Injuries compensated. Injuries by accidents to workmen resulting from the employment, and causing death, or disability for more than sixty days, unless due to the willful act or gross negligence of the victim or to the willful act of a third person who has neither the supervision nor the direction of the work.
Industries covered. Practically all establishments engaged in forestry work, mining, quarrying, turf and ice cutting and handling, manufacturing, chimney sweeping, rafting, fishing, railway and tramway service, handling goods, building trades, conduit, road and other construction work, and electricity, gas, and water distribution. Employers in other industries may insure their employees in the State Insurance Institute and thereby be placed under provisions of the act. Employees in other industries may secure the protection of the act by insuring themselves in the State Insurance Institute.
Persons compensated. Workmen and foremen. Government employees. Act applies to employees in the State and communal services when engaged in any of the industries enumerated above.
Burden of payment. Entire cost of compensation rests upon employer, except that fishermen under the act contribute a flat annual rate, and the State makes up any deficit. Compensation for death. When death results from the injury within two years
(a) Funeral benefit of 60 crowns ($16.08). (b) Annual pensions not exceeding in the aggregate 300 crowns ($80.40), to be
distributed to widow, until remarriage 120 crowns ($32.16); each child
under 15 years of age 60 crowns ($16.08). Compensation for disability (a) If permanently disabled, annual pension of 300 crowns ($80.40) in case of
total disability, and a smaller sum corresponding to loss of earning power in case of partial disability, pension to begin with sixty-first day of disability, or later if permanent character of the disability was not then
established. (b) If temporarily disabled for more than sixty days, 1 crown (27 cents) per day,
beginning with sixty-first day. Revision of compensation. Suit may be brought in a court of first instance by injured employee for a revision of compensation within two years from the date of the fixing of the same.
Insurance. If an injured person receives an allowance or pension from an organization which is supported entirely or in greater part by the employer, or if the victim is insured in a private organization by his employer, the amounts received from such a source may be deducted from payments required of employer under the act. Employers may transfer burden of payment of compensation by insuring in the State Insurance Institute, created for this purpose by the act, or in individual cases purchase annuities for pensioners from this institution. Other arrangements may be made between employers and employees if the State Insurance Institute finds upon examination that they are not unfavorable to the employees.
Security of payments. An employer may be required to iurnish adequate security for the payment of the pension to cover the contingency of his neglecting to pay the same, of his retiring from business or leaving the country, or of his becoming insolvent. If he fails to furnish security he may be required to pay a lump sum equal to the capital value of the pension plus the payments and interest due, which amount, in the case of an injured employee, must be invested in the purchase of an annuity from the State Insurance Institute.
Settlement of disputes. Disputes may be settled either by arbitration or by bringing suit in a court of first instance. The demand for arbitration must be made or the suit brought within two years after the accident or in case of fatal accidents within two years after the death of the victim. If the action is against the State Insurance Institute, one year more is allowed.
1 Voluntary sickness insurance laws, Oct. 30, 1891, July 4, 1910, provide benefits up to 90 days for accidents causing disability of over 3 days.
Date of enactment. June 13, 1911, accepted by referendum February 4, 1912.
Injuries compensated. Every bodily injury suffered by an injured person in the course of work performed under direction of the director, or his agent, of the insured enterprise, or service undertaken in the interest of the enterprise, or during interruption of work, before or after work, if the insured person is on the premises, or in the danger zone, without fault on his part. All insured persons contracting an occupational disease due to the action of injurious substances used in the establishment.
Industries covered. Railway and postal services, steam vessels, factories, building trades, transportation by land and water, rafting, telegraph and telephone lines, engineering works, excavating, mines, quarries, manufacture of explosives.
Persons compensated. All employees, laborers, apprentices, laborers without pay, and probationers.
Government employees. No special provision is mentioned in the law.
Burden of payment. In the case of occupational accident insurance, premiums are paid by the employers; in nonoccupational accident insurance, three-fourths by the insured person and one-fourth by the Confederation. Compensation for death.
(a) A funeral benefit of 40 francs ($7.72). (b) To widow or dependent widower or a widower who shall become infirm or in
capacitated within 5 years after the death of the wife, an annuity of 30 per cent of annual wages of the insured. On the remarriage of a widow she
is allowed a lump sum equivalent to her annuity of 3 years. (c) To each child until the completion of 16 years of age an annuity of 15 per cent
of said annual earnings, 25 per cent if orphaned of both parents; if upon the completion of 16 years said child is permanently incapacitated, annuity
to continue till 70 years of age. (d) Ascendants in a direct line are entitled during life, and brothers and sisters
until 16 years of age, to a total annuity of 20 per cent, equally distributed. The total annuties payable shall not exceed 60 per cent of the earnings of
the insured persons. Compensation for accident. (a) Free medical attendance, medicine, surgical apparatus, and necessary travel
ing expenses. (b) Indemnity for loss of time payable beginning with third day after the accident,
equal to 80 per cent of earnings. If treatment in a hospital is necessary the fund may retain, in the case of a person without famíly, three-fourths, and, with a family, one-half of the loss of time indemnity. Loss of time payments are based on daily earnings not exceeding 14 francs
($2.70). (c) An annuity for total disability equal to 70 per cent of annual earnings. For
partial disability a proportionate rate. Annuities are based on annual
earnings not exceeding 4,000 francs ($772). (d) When medical treatment if instituted may reasonably be expected to improve
the earning capacity of the persons, the annuity may be replaced by such treatment payable in the same manner as loss of time and hospital treat
ment. (e) A lump-sum payment not exceeding in value an annuity for 3 years may be
made to any person in whose condition no reasonable improvement may be expected from medical treatment, and who will probably recover
his capacity for labor. Revision of compensation. Revision of annuity may be had at any time within 3 years from its establishing, provided the degree of disability undergoes any essential change. After that time revision may be had only at the expiration of the sixth and ninth years.
Insurance. Compulsory in a National fund against accidents, occupational and nonoccupational; and voluntary insurance of all persons 14 years of age and over, and heads of establishments who have themselves and their laborers insured, may insure such other persons against accidents for which they are civilly responsible.
Security of payments. Under Government control.
Settlement of disputes. Cantonal courts decide in the first instance subject to appeal to the Federal Insurance Court.
Injuries compensated. Personal injury by accident arising in the course of employment, causing disability from earning full wages for at least one week, or death, except injuries attributable to insobriety, or serious and williul misconduct, or breach of law, or gross negligence, and those occurring while proceeding to or from place of work.
Industries covered. Railroads, factories, mines, quarries, engineering work, or any other industry so declared by a resolution of parliament."
Persons compensated. Any worker, except casual, employed in manual labor whose annual earnings do not exceed £156 ($759.17).
Government employees. Act applies to workers in Government service to whom it would apply if the employer were a private person.
Burden of payment. The entire cost rests upon the employer, but if there are contractors, then upon such contractors and the principal jointly and severally. Compensation for death. (a) To those wholly dependent a sum equal to three years' earnings of the deceased
employee, but not less than £100 ($486.65) nor more than £200 ($973.30). (b) To those partially dependent a sum proportionate to the loss to such depend
ents, but not larger than above amount, to be determined by agreement
or arbitration. (c) If deceased leaves no dependents, reasonable expenses of medical attendance
and burial, but not to exceed £30 ($146), provided he is unable to meet
such expenses. Compensation for disability. (a) A weekly payment during incapacity of not more than 50 per cent of em
ployee's average weekly earnings during previous 12 months, but not exceeding 30 shillings ($7.30), and a total liability not exceeding £200 ($973.30). If incapacity lasts less than two weeks, no payment is required for the first week. Aged and infirm employees may agree in
advance to accept reduced amounts. (6) Minor persons may be allowed full earnings during incapacity, but weekly
payments may not exceed 10 shillings ($2.43). (c) For certain permanent injuries (mutilations, etc.) a fixed per cent of the com
pensation paid above for partial and total disability.
A lump sum may be substituted for the weekly payments after two weeks. Revision of compensation. Weekly benefits may be revised at the request of either party.
Insurance. Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in any approved company in place of the provisions of the act if the scheme is shown to be not less favorable to the general body of employees and their dependents than the provisions of the act. In such case the employer is liable only in accordance with such scheme.
Security of payments. In case of the employer's insolvency, the amount of compensation due under the act, up to £100 ($486.65) in any individual case, is classed as a preferred claim; or, where an employer has entered into a contract with insurers in respect of any liability under the act to any workman, such rights of the employer, in the event of his insolvency, are transferred to and vested in the workman.
Settlement of disputes. Questions arising under the act are settled by agreement of the parties or by arbitration before a special commissioner according to ordinary rules of court.
1 Seamen are compensated under a Commonwealth law of Dec. 28, 1911.
Date of enactment. August 20, 1907; in effect, April 1, 1908.
Injuries compensated. Injuries by accident arising out of and in the course of the employment which cause the workman's death or necessitate his absence from work for over one week. Compensation is not paid when injury is due to serious and willful misconduct.
Industries covered. Employment at or about any trade, industry, business, or public undertaking, including agriculture, but excluding domestic service.
Persons compensated. Any white person regularly employed for the purposes of the employers' trade or business whose annual earnings do not exceed £500 ($2,433.25), but exclusive of home workers and subcontractors.
Government employees. All civil government employees are covered by this act if employed in establishments or undertakings to which the law applies, provided that when other pension provisions have been made the injured employee or his surviving dependents have the right to choose between the two methods of compensation.
Burden of payment. Entire cost of compensation rests upon employer. Compensation for death. (a) A sum equal to two years' wages, but not more than £500 ($2,433.25), to those
dependent upon earnings of the deceased, to be distributed among the
dependents, either by agreement or by order of the local courts. (b) Temporary payments previously made for over three months shall be de
ducted from the above amounts. (c) If deceased left no dependents, reasonable expenses of medical attendance
and burial, not exceeding £60 ($291.99). Compensation for disability. (a) A weekly payment during disability of 50 per cent of the wages at the time
of injury. (b) In case of total permanent disability, an amount equal to three years' wages,
minus the amount paid in weekly compensation, but not over £750
($3,649.88). (c) In case of partial disability, an amount equal to probable loss of earning
power for three years, minus the amount paid out in weekly compensa
tion, but not over £375 ($1,824.94). (d) In case of minors suffering total permanent disability the courts may increase
the compensation to £300 ($1,459.95) if three years' wages are less than this amount, and if suffering from partial permanent disability the court
may increase the compensation to £150 ($729.98). Revision of compensation. Employer may apply for revision or setting aside of order to pay weekly compensation on the ground of recovery of the employee or his willful retardation of recovery or refusal to undergo medical examinations or if lack of notice of accident or subsequent proof of serious and willful misconduct. Injured employee has right to make a new application ii compensation is denied and injury subsequently proves more serious than expected.
Insurance. Right of insurance against the obligations of this act is not regulated. No release from liability is affected by such insurance.
Settlement of disputes. Orders for granting benefits are given by local magistrates, after holding an inquiry. Appeals may be had to the magistrate himself, and from him to the supreme court.
Date of enactment. February 23, 1906. Injuries compensated. Death, injury, or total disability resulting from an accident. Industries covered. Mining. Persons compensated. Any miner suffering injury as a result of an accident. Government employees. The law makes no provision for compensation of government employees.
Burden of payment. Not stated in the law.
Compensation. Amount to be determined by agreement or by a committee composed of one person appointed by each party and one by the highest civil authority.
Revision of compensation. No scheme of revision is provided.
Insurance. No plan for transfer of burden to insurance company or otherwise is provided.
Settlement of disputes. The committee above provided for.